The plaintiff real estate brokerage brought a motion for summary judgment to recover a 5% commission from the defendant seller.
The defendant sold his property privately to a buyer shortly after the listing agreement allegedly expired, but within the 90-day holdover period.
The defendant argued the listing agreement was invalid due to missing initials for a term exceeding six months and claimed the buyer was not introduced during the listing period.
Applying the Hryniak framework, the court found no genuine issue requiring a trial, held that the listing agreement and holdover clause were valid, and concluded the listing agent had shown the property to the buyer during the listing period.
Summary judgment was granted for the plaintiff.
